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ITAT Mumbai

Revisional Jurisdiction cannot be invoked merely because AO not mentioned reason for accepting explanation of assessee

April 7, 2022 1224 Views 0 comment Print

Reliance Payment Solutions Limited Vs PCIT (ITAT Mumbai) ITAT held that as long as the action of the Assessing Officer cannot be said to be lacking bonafides, his action in accepting an explanation of the assessee cannot be faulted merely because it could have been lawful to make mere detailed inquiries or because he did […]

Black Money Act cannot be invoked over slight errors 

April 5, 2022 8502 Views 0 comment Print

Additional Commissioner of Income Tax Vs Leena Gandhi Tiwari (ITAT Mumbai) The need to implement BMA in a strict manner, as learned Commissioner (DR) pleads for, can hardly be overemphasised. What it essentially means is that whenever any unaccounted income or undisclosed asset abroad is found, stern action, in accordance with the law, must be taken. […]

Gain from Sale of Car Parking Spaces Independent of Flat Sold is STCG if sold within 36 Month of Acquisition

April 3, 2022 6483 Views 2 comments Print

ITAT Mumbai rules in Anjan Shivraju Prakash vs. ITO case. Dispute over long-term capital gain on sale of car parking spaces. Details on judgment and impact.

Debatable claim cannot be disallowed by Section 143(1) intimation

April 1, 2022 5031 Views 0 comment Print

What cannot be done u/s. 154 of the Act on the ground of debatability ,cannot be done u/s. 143(1) of the Act to the assessee’s claim on which two views are possible A debatable issue cannot be a subject matter of adjustment u/s. 143(1) of the Act.

Revenue cannot file appeal during moratorium period under IBC, 2016

March 22, 2022 2010 Views 0 comment Print

DCIT Vs Global Softech Ltd. (ITAT Mumbai) As per the provisions of section 14 of the IBC Code institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, arbitration panel or other authority shall be prohibited during […]

Income of a Revocable Trust is Taxable in the Hands of Contributors

March 18, 2022 5979 Views 0 comment Print

ITO Vs ARCIL SBPS 024 I Trust (ITAT Mumbai) ITAT observed that Ld.CIT(A) has dealt with the issue in detail and gave a clear finding that assessee is a revocable trust and not an AOP. In view of the provisions of section 61, 62 and 63 of the Act, it was held that income is […]

Penny Stock Transactions – No addition if no incriminating material found during search

March 16, 2022 4446 Views 0 comment Print

DCIT Vs Vipul Suresh Kumar Modi (ITAT Mumbai) ITAT held that no addition can be made for Transactions in Penny Stocks in respect of unabated assessments which have become final in absence of any incriminating material found during search. The brief facts of the case relevant to the issue before us are that the Assessee, […]

No addition for amount deposited by NRI from his foreign Income in HSBC, Geneva account during his stay outside India

March 15, 2022 2700 Views 0 comment Print

DCIT Vs Ganpat Singhvi (ITAT Mumbai) The undisputed facts are that Respondent is an individual residing in Abu Dhabi, UAE since 1976. The Respondent is a Chartered Accountant, working with Al Nasser Holdings as Group Advisor & Director (formerly as Managing Director). During FY 2005-06 (AY 2006-07), the respondent resided in India for a period […]

Addition For unexplained expenditure cannot be made on mere presumption

March 15, 2022 14199 Views 0 comment Print

Seven Jewels Vs ACIT (ITAT Mumbai) As per the provisions of section 69C of the Act, in case the assessee fails to explain the source of expenditure or part thereof to the satisfaction of the AO, such expenditure shall be considered as unexplained expenditure and be deemed to be income of the assessee. In the […]

ITAT quashes Order as AO failed to provide copies of statements relied for making assessment

March 15, 2022 5703 Views 0 comment Print

Deepak Valji Karia Vs ITO (ITAT Mumbai) ITAT held that assessment order passed u/s. 143(3) of the Act by the Assessing Officer is bad in law and has to be quashed as the Assessing Officer has failed to provide the copies of statements on which he relied on for making assessments and also for not […]

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